United Nations A/HRC/25/71 General Assembly Distr.: General 7 February 2014 English Original: French Human Rights Council Twenty-fifth session Agenda item 10 Technical assistance and capacity-building Report of the independent expert on the situation of human rights in Haiti, Gustavo Gallón Summary Gustavo Gallón, independent expert on the situation of human rights in Haiti, appointed in June 2013 by the Human Rights Council, proposes shock treatment for certain key aspects of the human rights situation in the country, which he considers to be very complex but not insurmountable. The independent expert carried out a mission to Haiti in September 2013, to Port-au-Prince and Jacmel. On the basis of his predecessors’ analyses of the situation, which he shares, the independent expert has identified five main problems that contribute to the commission of human rights violations in Haiti and require urgent action: First, social inequality, as a result of which much of the population lacks resources and has no access to economic, social and cultural rights; Secondly, the plight of detainees, particularly the problem of prolonged pretrial detention; Thirdly, the weakness of the rule of law; Fourthly, human rights violations committed in the past; And fifthly, the impact on human rights of the disasters that have hit Haiti. The independent expert specifically addresses the situation of internally displaced persons (IDPs) in camps, mainly as a result of the 2010 earthquake, the cholera epidemic and the situation of people of Haitian origin who could end up being stateless. The independent expert hopes that the proposed shock treatment will help to put an end to violations that persist in these five areas, will send out a strong message showing commitment to remedying the situation and will pave the way for the implementation of recommendations made in the last few decades, particularly in the context of the universal periodic review and special procedures of the Council, which the independent expert reiterates while offering his assistance for their implementation. GE.14-10841 (E) 130314 140314 A/HRC/25/71 Contents Paragraphs Page I. Introduction ............................................................................................................. 1–7 3 II. Five key aspects of the human rights situation in Haiti ........................................... 8–79 3 A. Economic, social and cultural rights and social inequality ............................ 11–30 4 B. Deprivation of liberty and detention conditions ............................................ 31–42 8 C. Weakness of the rule of law ............................................................................ 43–57 9 D. Past violations and impunity ........................................................................... 58–68 13 E. Disasters and humanitarian situations ............................................................. 69–79 15 III. Conclusions and recommendations ......................................................................... 80–84 17 2 GE.14-10841 A/HRC/25/71 I. Introduction 1. The present report is submitted pursuant to the statement of the President of the Human Rights Council (PRST/22/2) of 22 March 2013, when the Council invited the independent expert to undertake a mission to Haiti and to submit his report to the Council at its twenty-fifth session. 2. Following the resignation, for personal reasons, of Michel Forst in March 2013, the Council appointed Mr. Gustavo Gallón as independent expert on the situation of human rights in Haiti, in June 2013. Mr. Gallón took office on 1 August 2013. This report covers the period from 1 August 2013 to 20 January 2014, and contains recommendations addressed to the Government of Haiti and the international community. 3. The independent expert carried out a mission to Haiti from 23 September to 1 October 2013. He stayed in Port-au-Prince and visited Jacmel. In addition to his mission, he held interviews in New York. He wishes to express his gratitude to all the people he met during his visit. 4. In particular, the independent expert wishes to thank the Haitian authorities, who ensured that the mission went smoothly. He is particularly grateful to the President of the Chamber of Deputies and the Minister Delegate for human rights and the fight against extreme poverty, as well as to other members of the Government for the frankness and quality of their comments. 5. The independent expert also met with the Deputy Special Representative of the Secretary-General and Head of the United Nations Stabilization Mission in Haiti (MINUSTAH), and with the MINUSTAH heads of section, in particular the head of the Human Rights Section. He wishes to thank all the members of their teams who provided effective support, both in Port-au-Prince and while he was travelling, and who shared with him their assessment of the situation. He also thanks the representatives of the United Nations funds and programmes in Haiti and their teams for their support and the information they provided. 6. The independent expert thanks the representatives of the Organization of American States and members of the diplomatic corps with whom he was able to exchange views on the human rights situation in Haiti. He also thanks the Ambassador representing the Union of South American Nations (UNASUR) and the ambassadors of the Group of Friends of Haiti he met in Port-au-Prince and New York. 7. The independent expert extends his sincere thanks to the many representatives of civil society organizations he met in Haiti and New York. II. Five key aspects of the human rights situation in Haiti 8. The human rights situation in Haiti is very complex but not insurmountable. It has been assessed many times by different analysts and qualified observers. Their assessments coincide and identify the main problems as the great economic insecurity of the majority of the population, which is closely related to the entrenched weakness of the institutions, aggravated by inhumane prison conditions and continued impunity for serious human rights violations that remain unresolved, and by successive natural disasters and fatalities that make it even more difficult to guarantee rights at present and in future. 9. Following his first official visit to Haiti, the independent expert’s viewpoint is no different from that of his predecessors. He endorses the wise recommendations made in the last three decades by highly qualified observers, including his predecessors, by the GE.14-10841 3 A/HRC/25/71 programmes and specialized agencies and organizations of the United Nations and the Organization of American States, as well as by the Human Rights Council when concluding its universal periodic review of Haiti in October 2011 (A/HRC/19/19). 10. The independent expert notes with satisfaction that the Government has shown its willingness to implement these recommendations, and puts himself at the disposal of the Haitian authorities and society to help achieve this objective. Among the many recommendations, the independent expert would like to highlight five aspects that he considers should be given priority. A. Economic, social and cultural rights and social inequality 11. The vast majority of the Haitian population lives in poverty. Seventy-six per cent of people earn the equivalent of less than US$ 2 per day, and 60 per cent of them receive less than US$ 1 per day.1 Although only the latter are officially considered as being in extreme poverty, the living conditions of poor people in general in Haiti are not much better. It would not be an exaggeration to say that all people living in extreme poverty as well as people living in ordinary poverty live in abject poverty in Haiti; namely, a total of 7.5 million out of 10 million people. 12. Beyond the statistics, the extent of poverty is striking in the capital, Port-au-Prince, where the pavements are thronging with street vendors trying to sell all kinds of goods. Port-au-Prince is perhaps the largest flea market in the world, given the large number of suppliers, and, at the same time, the smallest one given the small number of buyers. Yet men, women and even children display their wares every day, from dawn to dusk, awaiting the arrival of some poor customer who will allow them to supplement their income, which is not more, on average, than one or two dollars a day. 13. This established practice is indicative not only of economic uncertainty but also of the extraordinary willingness of a significant proportion of Haitians to work in the most difficult conditions with remarkable tenacity. If these efforts were focused on more productive activities, the wages of a significant portion of the poorest sectors of the Haitian population would be far higher. 14. The unemployment rate has reached 60 per cent, according to the Minister Delegate for human rights and the fight against extreme poverty. This situation, combined with poverty rate mentioned earlier, affects above all the rights to food and housing. Although malnutrition has declined by a third in Haiti since 1990, the Global Hunger Index (GHI), which is 23.3, is considered to be “alarming”.2 It is higher than in the Americas. More than 44 per cent of the population suffers from malnutrition in Haiti.3 15. The right to housing is not yet a reality for the majority of Haitians. This housing insecurity has worsened since the earthquake in 2010. As at September 2013, some 280,000 people affected by the earthquake were still in refugee camps. The camps problem, which 1 Data from before the 2010 earthquake (Haitian Institute of Statistics and Information Technology). According to the Minister Delegate for human rights and the fight against extreme poverty, 4.7 million people live in extreme poverty in Haiti. 2 An index of 10 to 19.9 is considered as “serious”, and 30 and above as “extremely alarming”. International Food Policy Research Institute, 2013 Global Hunger Index (GHI 2013), available at the following address: www.ifpri.org/tools/2013-ghi-map. 3 Haïti Press Network, «Haïti-insécurité alimentaire: L’indice de la faim en Haïti toujours alarmant», 14 October 2013.